ESRA Magazine: Israel’s Community Forum > Collaborative Divorce: A Process That Puts The Family First

Posted on July 22, 2013

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From Randy Tischler, MSW:

Couples entering a divorce process are typically overwhelmed with anger and resentment, reducing their ability to make decisions or take actions that serve their long-term interests. In instances of low conflict, drafting a divorce agreement through mediation is clearly the most efficient route.

In mediation, however, each party is required to represent him or herself, which often breaks down due to power or knowledge imbalances, intimidation or emotionality, driving the couple to litigation. In a court “battle”, the parties give up control of the process to an attorney (who has an interest in protracted conflict) and control of the result to a judge who applies laws and precedents that rarely optimally suit the needs of a particular family.

Collaborative divorce leaves the parties in charge of their own resolution and destiny. The Collaborative team suggests and provides creative and appropriate options, solutions and compromises, taking the children’s interests into account. The parties decide the terms of their divorce, not the lawyers or judge. When the terms of the agreement are reached, the collaborative team translates the parties’ decisions into a legally binding agreement.

Collaborative divorce is substantially less costly than going to court, and is unique in being fully focused on the quality of life and ongoing communication of the family members. The professionals function as a single integrated team, sharing information and insights to save time and money and promote the wellbeing of the couple and children.

A group of seven collaborative divorce professionals has been created in the Tel Aviv-Sharon region, including two therapists and an attorney who have been living in Israel for over 25 years and are native English speakers.

Read more at ESRA Magazine: Israel’s Community Forum.

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